Land legislation regulates the relations that are prescribed in the legislative acts of the country and are protected by the state. Such documents include land, urban planning, housing, construction and other codes, as well as a number of laws adopted by the State Duma (“On the circulation of agricultural land”, “On the transfer of land and land from one category to another”, “On land management " and many others).
Definition of land relations
Land legislation in Russia is a complex attribute of many areas of activity. Therefore, it has a difficult management structure. You can draw a line between the various areas in the laws under codes or laws with the help of the 3rd article of the Land Code (hereinafter LC) “Relations regulated by land legislation”. The essence of the article suggests that all these relations are used to protect and ensure the well-being of the population who lives in a certain territory. But now the civil code, for example, regulates how to dispose of, use and own this territory, that is, property relations for the conclusion of various transactions are determined.
Better late than never
Russian legislation governing land relations in the Russian Federation developed quite ambiguously. The first attempts to combine all the important elements of land relations into a single regulatory element were begun back in 1922, with the adoption of the LC. Given the specifics of regulation and possible legal flaws, this document of that time included many gaps that had to be addressed already at the regional and local level. Also, other related departments took responsibility for one or another land relationship. So, the benefit of the application could always be expressed in monetary terms, and failure to be attributed to gaps and negligence of the land department.
Subsequently, the ZK was rewritten in 1971 and in 1991. But all these amendments were superficial and did not give full coverage of the activity, which was replenished by decrees of the President. And only 10 years later, the current RF RF RF was adopted with various amendments and regulations governing relations on land issues.
The Land Code as the guarantor of land relations
Adopted almost 20 years ago, the LC has always tended to transform and adapt to the current conditions of a market economy. Land legislation regulates relations not only limited to the norms of today, but also takes into account the dynamics of changes that can occur within the framework of land relations. Over the entire period of its existence, many amendments and addenda have been introduced into the current LC, which have addressed various issues, filled in the existing and emerging gaps in this area. So, for example, by the end of 2018, more than 100 “corrective” amendments to the original text of the land code were adopted.
The most important for the restructuring and additions to the RF LC were 2011-2015. During which a total of more than 50 state laws were adopted, supplementing and answering the question, what relations are regulated by land legislation?
In the legislative practice of the state, with the adoption and approval of the code for a certain type of activity, it is customary to approve the federal law with the amendment “On Enactment”. With regard to land legislation, there was no exception, and such a Federal Law number 137-FZ, simultaneously with the Code, was approved and adopted on the same day.
To date, the Land Code of the Russian Federation is grouped from nineteen chapters. In total, the law includes 107 articles.
Main objectives: protecting the welfare of the population and land
Relations regulated by land legislation have formed the basic principles on which to build policies in this area. All this indicates a thorough study of the current LC and its focus on results.
The protection of human well-being is reflected in many aspects of the activity of all state bodies, but in the part of the LC it can be traced in the 40th article, which refers to the mandatory compliance with building, environmental, sanitary, hygienic and other areas. The use of any work is necessary without harm to the surrounding flora and fauna, which is regulated in article 42 of the RF Labor Code. And article 13 states the obligations to the owners of the plots on the total package of measures that must be taken into account during its operation
The characteristic features of land policy for the protection of land can be revealed using a number of principles:
- bringing rare territories and land under special control and protection of the state;
- implementation of land policy as a guarantee of a prosperous life for the entire population;
- land distribution, taking into account the need of the region with priority for agriculture and forestry to the detriment of the construction of real estate.
Of the main tasks, one can say how much attention is spent in the Land Code on protecting the land.
Real estate and land as two inseparable allies
An important attribute, where land legislation regulates relations on the use and protection of land and the population, is the principle: "Real estate and land as two inseparable allies." As a result, we get that all the facilities built on the site are closely interconnected with the site itself, with the exception of those established by government laws. Land legislation regulates property relations, which affects the fundamental thing of the whole land policy, where a piece of land is determined by the main link.
All these norms are spelled out in Article 35, which states that when buying or selling a piece of land with a building, the buyer (seller) must also buy (sell) the building that is present on this site. In this case, the buyer agrees to purchase real estate on the land that he bought.
In turn, the same rule of law is reflected in Article 273 of the Civil Code, which reflects the alienation of property rights to a building or structure when transferring the right to a piece of land.
If we are talking about state or local ownership, then we can refer to article 36 of the RF Labor Code, which reflects exclusive rights and obligations in transferring ownership and rights to own, privatize and rent, as well as specific conditions for the division of rights to an object between several participants .
You have to pay for everything, even for land
It is very important to note that land legislation governs relations along with the principles of land ownership on a fee basis.
This understanding that everything needs to be paid for is the main difference between the whole land policy of the pre-reform times and today's reality.
Having many gaps and problems, the land code of those years unequivocally stated that the use of land is based on a free basis, adjusted for some of the restrictions described in the code.
Parties and elements of relations in land policy
From the 5th article, relations regulated by land legislation determine the members of these legal relations - parties to land relations. In their place may be legal entities or individuals, the Russian Federation or its subjects, as well as municipalities.
From article 6 of the same LC, you can find a list of elements of land relations: individual parts and areas of land, as well as land as a natural element and resource.
State and private property
Land legislation regulates social relations in various areas of the general land policy, but the issue of ownership of property is one of the most significant. So, the current legal guarantor, expressed in the LC, gives several narratives of this issue.
Articles 18 and 19 clarify the ownership of state and municipal property, as amended for exceptions and the right to own a particular land plot.
The 15th article describes the norms of ownership of land plots of legal entities and individuals. These norms are characterized by equal rights in the acquisition, ownership and disposal of the property. It is also necessary to indicate that state ownership can be transferred to private, and vice versa.
“Buy-sell”, or How to properly dispose of a piece of land?
Land legislation governs relations for the use of special rules that give the right to acquire, sell and lease an existing property.
All the features of the process of alienation of the site are listed in article 37 of the RF Labor Code, and are also summarized in the Civil Code from article 450 to 490.
After signing and passing all legal instances, the buyer must pay the indicated amount of money, and the seller must provide all the documents for the agreed area.
According to the law, the encumbrance of the territory and the protected zone cannot be changed independently, i.e. the purpose of the land remains within the framework of the signed agreement. An element of the transaction are only those objects that have cadastral registration with a state guarantee.
Relations arising with state ownership are regulated by Article 28 of the RF Labor Code, and are characterized by equal rights of both citizens and legal entities to receive such property at their disposal or the right to lease. Free use of these rules is possible within the framework of additional regional or federal laws in specific cases.
To build or not to build - that’s the question
Land legislation governs relations in the provision of land for the construction of various real estate. This limits many potential buyers to use the territory for their own purposes, not taking into account the environment and the protection of the population.
Based on article 30 of the RF Labor Code, it can be stated that the sale of plots should be carried out with preliminary approval for construction, except for cases that are put up for auction by means of auctions and tenders. But even in this case, those wishing to acquire a certain territory should have a list of documents confirming the need for the construction of this facility with possible social and cultural structures.
The establishment of the procedure for the acquisition by individuals of land plots owned by local authorities or the state for construction is reflected in article 34. The rules for the provision of plots are article 33. Consideration and adoption of a decision on the issue of a building certificate are indicated in article 32. And the 31st article describes the procedure for choosing a plot of land.
Opportunities and limitations of land owners
Under the 40th article, the land owner has a number of rights and obligations that characterize his activities in relation to his land plot. So, he has the right to completely dispose and use the bowels of the earth at his discretion, build any structures, carry out various land reclamation works. All this comes down to conditions that do not contradict the damage to the surrounding territory and the infringement of the rights of nearby territories.
The legislation also does not indicate the scope of rights to the site. The owner can be both a legal entity and an individual, as well as split the land into various parts at its discretion.
The legislative process for the provision of land
The territorial category and purpose of land acts separately in land relations. From the 78th article, the right to land for rural use can be obtained by enterprises of various profiles (educational, scientific, agricultural), as well as citizens or non-profit institutions, the sphere of activity of which is directly related to the agricultural industry.
For lands with special status and protection, chapter 17 is dedicated to land plots that are under state protection.
The law that governs the forest fund is reflected in a separate code of the same name, as well as article 101 of the RF Labor Code, on land plots of forest territories.
Total
Approved and effective since October 2001, the Land Relations Code has combined many conflicting principles of land legislation into a single document. A distinctive feature of such an act is a transparent vision of the systematization and effectiveness of all processes of land legislation of regulated relations. All these preconditions determined a wider range of disagreements and opinions in the circle of political movements considered at meetings of the Government and the state apparatus of the country. Consequently, most articles appear voluminous and remain “raw”. And sometimes there are internal discrepancies between different articles.
An important component of this act is the fact that the object of relations is the land. As a result, there is a shift to the regulatory area of ​​other departments and legislation.
These facts only underline the ongoing need to improve and amend. After seventeen years, the Land Code is still transforming and transforming under emerging conditions. And this does not prevent him from successfully resolving the assigned mission in the realities of modern politics.